sjhenderson
Senior Member
Coming to a County near you. This was to be on this coming Mondays agenda for an enactment vote. Some of these are already on the books. They are grabbing for more power and if you read till the end it is going to make honest Citizens criminals with a 250 fine and up to 30 days in jail. Due to myself and others they say they have tabled it until the get more input. Meaning either too many have said hell no, or they will just slip it in behind closed doors. You even have to build a NRA backstop and ask your neighbor for their permission to target practice on your own land like a 6 year old would ask to go to the restroom. The things they require would also be out of reach for our minorities as they don't have the money to build the backstop, or the land, or the funds for range time. As for me the Lord has had me building this stuff for six months now. I now know why. No average Citizen would even have know about this except for a few that let it leak. So heads up in your County, keep check on your Commissioners web site for proposed ordinances. Seems if they can't get a boot on one way they try another. BTW: The commissioner who emailed me and said it had been tabled said it did not make citizens criminals. BS.
DISCHARGE OF FIREARMS ORDINANCE
WHEREAS, State and local law prohibit criminally negligent hunting pursuant to North Carolina General
Statute 113-290; and
WHEREAS, citizens of Pitt County have reported to the Board of Commissioners that there is also a
need to regulate the negligent discharge of firearms in Pitt County during non-hunting activities; and
WHEREAS, N.C.G.S. 153A-129 authorizes the County to regulate, restrict, or prohibit the discharge of
firearms at any time or any place except when used to take birds or animals pursuant to Chapter 113,
Subchapter III, when used in defense of person or property, or when used pursuant to lawful directions of
law enforcement officers; and
WHEREAS, the Pitt County Board of County Commissioners believes it to be in the best interest of the
citizens of Pitt County that limitations on the discharge of firearms are necessary for the safety and
protection of the citizenry, and for the protection of the use of their property without fear of stray bullets
crossing over their property;
NOW THEREFORE, be it ordained by the Pitt County Board of Commissioners as follows:
Section 1. Authority
This Ordinance is adopted pursuant to the authority granted by North Carolina General Statute § 153A-129.
Section 2. Applicability
This Ordinance shall be applicable in the unincorporated portions of Pitt County, including municipal exterritorial
jurisdiction (ETJ).
Section 3. Definitions
Firearm is defined herein to mean any handgun, shotgun or rifle which expels a projectile by action of an
explosion.
Section 4. Restrictions
(a) It is unlawful for any person to discharge a firearm:
(1) Within three hundred (300) feet of a school, church, daycare, playground, park, recreation area,
residence, business, occupied structure; or
(2) Between the hours of dusk to dawn; or
(3) Carelessly or heedlessly in wanton disregard for the safety of others; or
(4) Without due caution or circumspection and in a manner so as to endanger any person or property
and resulting in the unlawful property damage or bodily injury of another.
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Discharge of Firearm Ordinance
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(b) It is unlawful for any person to discharge a firearm on the property of another without their permission.
(c) It is unlawful for any person to discharge a firearm within three hundred (300) feet of any domestic
livestock belonging to others unless the person first procures the permission of the owner of the domestic
livestock.
(d) It is unlawful to discharge a firearm in any manner which actually results in the projectile leaving the
property on which the firearm was lawfully fired.
Section 5. Exemptions
This Ordinance shall not be construed as prohibiting discharge of a firearm when used:
(1) In lawful defense of person or property;
(2) To lawfully take birds or animals where authorized by the North Carolina General Statues and other
applicable laws;
(3) Pursuant to lawful directions of law enforcement officers;
(4) By law enforcement officers or members of the armed forces acting in the line of duty or during official
training;
(5) At historical ceremonial or commemoration functions held for such purpose provided in no event
shall live ammunition be used or discharged; or
(6) At school sanctioned instructional or recreational activities intended to further the use of safe firearm
practices.
(7) At a rifle, pistol, skeet or trap range, operated by a recognized gun club or by a law enforcement
agency, which firing range is substantially in accordance with specifications promulgated by the
National Rifle Association or by an equivalent nationally recognized firearms safety authority for the
type and caliber of firearm being fired.
(8) By a person target shooting on his own property (or on another’s property if he has on his person
written permission for the activity from the owner of the property) exhibiting reasonable regard for the
safety and property of other persons (i) if such person is using a backstop substantially in accordance
with specifications promulgated by the National Rifle Association or any equivalent nationally
recognized firearms safety organization for the type and caliber of firearms being fired, and (ii) if such
person has on his person written permission for such activity from all persons owning any of the
types of places or structures listed in Section 4 (a)(1) which are located within 300 feet of the target
shooting activity.
(9) By a person discharging a firearm in self-defense (provided that Section 4 (d) of this Ordinance shall
also not apply to such an activity).
(10) By persons discharging firearms for the purpose of shooting or killing any dangerous animal or
reptile.
(11) At a Turkey Shoot duly organized by a gun club or nonprofit organization for fundraising purposes.
Section 6: Violations and Penalties
(a) Any person violating any provision of this part shall be guilty of a misdemeanor and subject to a fine of
not more than $250 and/or imprisonment for not more than thirty (30) days. Violators may be subject to a
civil penalty of $250 per violation to be recovered in the nature of debt if not paid within (30) days.
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Discharge of Firearm Ordinance
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(b) In addition to the provisions of (a) of this section, this county may enforce this ordinance by any one or
more of the remedies authorized by North Carolina General Statute § 153A-123.
______________________________
Ann Floyd Huggins, Chairwoman
Pitt County Board of County Commissioner
Attest: _______________________________
Clerk to the Board
69
DISCHARGE OF FIREARMS ORDINANCE
WHEREAS, State and local law prohibit criminally negligent hunting pursuant to North Carolina General
Statute 113-290; and
WHEREAS, citizens of Pitt County have reported to the Board of Commissioners that there is also a
need to regulate the negligent discharge of firearms in Pitt County during non-hunting activities; and
WHEREAS, N.C.G.S. 153A-129 authorizes the County to regulate, restrict, or prohibit the discharge of
firearms at any time or any place except when used to take birds or animals pursuant to Chapter 113,
Subchapter III, when used in defense of person or property, or when used pursuant to lawful directions of
law enforcement officers; and
WHEREAS, the Pitt County Board of County Commissioners believes it to be in the best interest of the
citizens of Pitt County that limitations on the discharge of firearms are necessary for the safety and
protection of the citizenry, and for the protection of the use of their property without fear of stray bullets
crossing over their property;
NOW THEREFORE, be it ordained by the Pitt County Board of Commissioners as follows:
Section 1. Authority
This Ordinance is adopted pursuant to the authority granted by North Carolina General Statute § 153A-129.
Section 2. Applicability
This Ordinance shall be applicable in the unincorporated portions of Pitt County, including municipal exterritorial
jurisdiction (ETJ).
Section 3. Definitions
Firearm is defined herein to mean any handgun, shotgun or rifle which expels a projectile by action of an
explosion.
Section 4. Restrictions
(a) It is unlawful for any person to discharge a firearm:
(1) Within three hundred (300) feet of a school, church, daycare, playground, park, recreation area,
residence, business, occupied structure; or
(2) Between the hours of dusk to dawn; or
(3) Carelessly or heedlessly in wanton disregard for the safety of others; or
(4) Without due caution or circumspection and in a manner so as to endanger any person or property
and resulting in the unlawful property damage or bodily injury of another.
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Discharge of Firearm Ordinance
Page 2 of 3
(b) It is unlawful for any person to discharge a firearm on the property of another without their permission.
(c) It is unlawful for any person to discharge a firearm within three hundred (300) feet of any domestic
livestock belonging to others unless the person first procures the permission of the owner of the domestic
livestock.
(d) It is unlawful to discharge a firearm in any manner which actually results in the projectile leaving the
property on which the firearm was lawfully fired.
Section 5. Exemptions
This Ordinance shall not be construed as prohibiting discharge of a firearm when used:
(1) In lawful defense of person or property;
(2) To lawfully take birds or animals where authorized by the North Carolina General Statues and other
applicable laws;
(3) Pursuant to lawful directions of law enforcement officers;
(4) By law enforcement officers or members of the armed forces acting in the line of duty or during official
training;
(5) At historical ceremonial or commemoration functions held for such purpose provided in no event
shall live ammunition be used or discharged; or
(6) At school sanctioned instructional or recreational activities intended to further the use of safe firearm
practices.
(7) At a rifle, pistol, skeet or trap range, operated by a recognized gun club or by a law enforcement
agency, which firing range is substantially in accordance with specifications promulgated by the
National Rifle Association or by an equivalent nationally recognized firearms safety authority for the
type and caliber of firearm being fired.
(8) By a person target shooting on his own property (or on another’s property if he has on his person
written permission for the activity from the owner of the property) exhibiting reasonable regard for the
safety and property of other persons (i) if such person is using a backstop substantially in accordance
with specifications promulgated by the National Rifle Association or any equivalent nationally
recognized firearms safety organization for the type and caliber of firearms being fired, and (ii) if such
person has on his person written permission for such activity from all persons owning any of the
types of places or structures listed in Section 4 (a)(1) which are located within 300 feet of the target
shooting activity.
(9) By a person discharging a firearm in self-defense (provided that Section 4 (d) of this Ordinance shall
also not apply to such an activity).
(10) By persons discharging firearms for the purpose of shooting or killing any dangerous animal or
reptile.
(11) At a Turkey Shoot duly organized by a gun club or nonprofit organization for fundraising purposes.
Section 6: Violations and Penalties
(a) Any person violating any provision of this part shall be guilty of a misdemeanor and subject to a fine of
not more than $250 and/or imprisonment for not more than thirty (30) days. Violators may be subject to a
civil penalty of $250 per violation to be recovered in the nature of debt if not paid within (30) days.
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Discharge of Firearm Ordinance
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(b) In addition to the provisions of (a) of this section, this county may enforce this ordinance by any one or
more of the remedies authorized by North Carolina General Statute § 153A-123.
______________________________
Ann Floyd Huggins, Chairwoman
Pitt County Board of County Commissioner
Attest: _______________________________
Clerk to the Board
69